R v Young [2022] NSWDC 684

R v Young [2022] NSWDC 684

Given the high objective seriousness of the prolonged and repeated sexual abuse by the offender against a child in his care, a substantial custodial sentence was warranted, but significant discounts for early plea and voluntary disclosure (totaling 45%) and further allowance for special circumstances due to mental health, cognitive impairment, and the COVID-19 pandemic, justified a reduction from a 16-year starting point to a head sentence of 8 years and 9 months with a non-parole period of 5 years and 6 months.

Jurisdiction
Australia
Judgment Date
17 February 2022
Procedural Posture
Sentence / Sentencing Judgment
Outcome
Offender sentenced to full-time custodial sentence with non-parole period and balance of term specified.
Legal Topics
['sentencing' 'child Sexual Offences' 'maintain Unlawful Sexual Relationship With Child' 's66 EA Crimes Act 1900' 'discount for Guilty Plea' 'discount for Assistance to Authorities' 'aggravating and Mitigating Factors' 'special Circumstances in Sentencing']
['criminal Law'] ['sentencing' 'child Sexual Offences' 'maintain Unlawful Sexual Relationship With Child' 's66 EA Crimes Act 1900' 'discount for Guilty Plea' 'discount for Assistance to Authorities' 'aggravating and Mitigating Factors' 'special Circumstances in Sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentence / Sentencing Judgment

Legal Issues

  1. 1 ['Assessment of objective seriousness for offence of maintaining an unlawful sexual relationship with a child' 'Application of aggravating and mitigating factors under Crimes (Sentencing Procedure) Act 1999' 'Appropriate discount for early plea and voluntary disclosure/assistance' "Consideration of offender's background and mental health in sentencing" "Application of 'special circumstances' to adjust non-parole period"]

Ratio Decidendi

Given the high objective seriousness of the prolonged and repeated sexual abuse by the offender against a child in his care, a substantial custodial sentence was warranted, but significant discounts for early plea and voluntary disclosure (totaling 45%) and further allowance for special circumstances due to mental health, cognitive impairment, and the COVID-19 pandemic, justified a reduction from a 16-year starting point to a head sentence of 8 years and 9 months with a non-parole period of 5 years and 6 months.

Court Disposition

Offender sentenced to full-time custodial sentence with non-parole period and balance of term specified.

Orders

  • ['Offender convicted of maintaining unlawful sexual relationship with child under s66EA of the Crimes Act 1900.' 'Non-parole period of 5 years and 6 months commencing 2 May 2021 and terminating 1 November 2026.' 'Balance of term of 3 years and 3 months commencing 2 November 2026 and terminating 1 February 2030.'...